Burr v. . Beers
New York Court of Appeals
Appeal from a judgment of the Supreme Court./ The action was brought to recover the amount of two mortgages executed) with his bonds, by E. E. Bullard to John Cramer, committee of the estate of Charles Burr (the plaintiff’s intestate), for $1,000 and $2,000 respectively.
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Appeal from a judgment of the Supreme Court./ The action was brought to recover the amount of two mortgages executed) with his bonds, by E. E. Bullard to John Cramer, committee of the estate of Charles Burr (the plaintiff’s intestate), for $1,000 and $2,000 respectively. After giving the mortgages, which covered several parcels of lands, Bullard conveyed both parcels to the defendants by a deed containing a recital and covenant in the following words: “ Subject to two mortgages held by John Cramer, committee of the estate of Charles Burr, bearing date, &o. [describing the mortgages], which…
1Opinion of the Court
j Demo, J.
If the plaintiff had sought to foreclose the mortgages in question, and to charge the defendant with the de- ' ficiency which might remain after applying the proceeds of the sale, and had made both the mortgagor and the present defendant parties, the authorities would be abundant to sustain the action in both aspects. (Curtis v. Tyler, 9 Paige, 432; Halsey v. Reed, id., 446; March v. Pike, 10 id., 595; Blyer v. Monholland, 2 Sandf. Ch. R., 478; King v. Whitely, 10 Paige, 465; Trotter v. Hughes, 2 Kern., 74; Vail v. Foster, 4 Comst., 312; Belmont v. Coman, 22 N. Y., 438.) But I do…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Barker v. BucklinNew York Supreme Court · 1846
- King v. WhitelyNew York Court of Chancery · 1843
- Belmont v. . ComanNew York Court of Appeals · 1860
- Curtis v. TylerNew York Court of Chancery · 1842
3Cited by119 opinions
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- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Garnsey v. . RogersNew York Court of Appeals · 1872
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